Telangana High Court

WP/27888/2007 of V.Prabhakar Goud, Vs The Prohibition AND Excise Superintendent, on 27 December 2007

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SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 27888 of 2007 Dated 27th December, 2007 Between V.Prabhakar Goud …Petitioner and The Prohibition & Excise Superintendent, Medak, Medak District at Sangareddy …Respondent. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO :

HON'BLE SRI JUSTICE R.SUBHASH REDDY

WRIT PETITION NO : 27888 of 2007

Between

Dated 27[th] December, 2007

V.Prabhakar Goud

…Petitioner

and

The Prohibition & Excise Superintendent,Medak, Medak District at Sangareddy …Respondent.

THE HON'BLE MR JUSTICE R.SUBHASH REDDYWRIT PETITION NO : 27888 of 2007

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ORDER:

In this Writ Petition, the petitioner seeks Writ of Mandamus todeclare the action of the respondent in not considering therepresentations of the members of the society dated 16-10-2007 and 8-11-2007 as illegal and arbitrary, and, for consequential direction to therespondent to grant licence to the members of the petitioner’s societyof TCS group, Zaheerabad, to vend toddy.

The society, as such, is not before this Court. The petitioner, inthe individual capacity, describing him as tapper, resident ofZaheerabad, has filed this Writ Petition. Under the provisions of theA.P. Cooperative Societies Act, 1964, when a society is registered, theRegistrar shall issue a certificate of registration signed and sealed by him, which shall be the conclusive evidence that the societymentioned therein is a society duly registered under the A.P.Cooperative Societies Act, 1964. Under Section 9 of the A.P.cooperative Societies Act, 1964, the registration of a society shallrender it a body corporate by the name under which it is registeredhaving perpetual succession and a common seal. When the Society isnot before this Court, the petitioner cannot seek licence to themembers of the society. However, on instructions, it is submitted bythe learned Government Pleader appearing for the respondent thatearlier, there is a society, namely, Tappers Cooperative Society,Zaheerabad, which was granted licence and the said licence wassuspended as it came to adverse notice.

As much as the society is not made a party in the Writ Petition,the petitioner cannot seek any direction for grant of licence to themembers of the Society.

The Writ Petition is devoid of merits and is accordingly dismissedat the admission stage. No order as to costs.

DATE: 27-12-2007Msnr.

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JUSTICE R. SUBHASH REDDY

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